Real Estate and Land Use Group
Capehart Scatchard's Real Estate Group is involved in a wide range of real estate law including sales and acquisitions, development and land use, financings, leasing and operations, workouts and litigation, and represents a broad spectrum of clients which include owners, developers, lenders, landlords and tenants, public entities, and nonprofit organizations in New Jersey and beyond.
We are better able to service clients with real estate needs by drawing from our Firm's experience in other disciplines such as construction, environmental regulation, land use planning and zoning, corporate and partnership transactions, and litigation, as well as the experience of our Trenton attorneys.
Traditional Services
Members of the Real Estate Group have extensive experience handling traditional real estate services such as the preparation and negotiation of contracts, leases, joint ventures, partnership and related agreements, land use, eminent domain, restructurings, easements, title issues, zoning and the approvals process. We take an active role in representing our clients before planning and zoning boards and commissions in area townships and municipalities to ensure our clients' interests are represented and the optimum results achieved. Our real estate attorneys are involved in commercial leasing transactions concerning commercial, industrial, retail, banking, and local entities. Group attorneys provide services to insurance companies, automotive, manufacturing, contractors, realty companies, banks, schools and universities, institutional lenders, and business and corporations of various types and sizes.
Sales and Acquisitions
We are involved in all stages of real estate sales, from the negotiation of the Agreement of Sale to the closing. Capehart Scatchard Real Estate Group attorneys often review loan documentation drawing upon the expertise of our tax attorneys to take full advantage of the latest tax benefits. Our Group attorneys represent owners, developers, and lenders in the sale of real property handling mortgage and other loan transactions in the process.
Development and Land Use
Capehart Scatchard real estate lawyers have counseled owners, developers, and financial institutions in the applicable federal, state, county, and local laws and regulations, and have assisted them in obtaining governmental approvals in the land development process involving zoning, site plan, subdivision, soil conservation, the NJ Departments of Environmental Protection or Transportation, the Pinelands Approvals Plan, enforcement actions, historic preservation, accessibility issues as well as regulatory and litigation issues. We currently serve as Solicitor for a New Jersey township's land use board, and to township and county MUAs.
Construction
Our real estate attorneys have represented owners, contractors, and developers in negotiating and executing construction documentation in a variety of construction projects. We take an interdisciplinary approach by working with our construction lawyers to avoid disputes or calling upon attorneys in our Litigation Department to handle construction-related matters when litigation becomes necessary.
Leasing
Capehart Scatchard's Real Estate Group has been involved in drafting, structuring, and negotiating leases of all kinds on behalf of both landlords and tenants. We have represented owners and users of space in lease negotiations involving thousands of square feet of office, industrial, retail, and other commercial space.
Environmental
Most, if not all, real estate transactions require some type of environmental consideration. Our Real Estate and Environmental Groups work closely together to protect buyers, sellers, tenants, and lenders from environmental risk. We offer advice to clients concerning compliance with environmental regulations, permitting and operations, as well as issues surrounding the detection, effect and cleanup of contamination, both during operation and at the time of sale or acquisition. Our attorneys provide counsel in areas of environmental concern such as compliance with the Industrial Site Recovery Act ("ISRA") and wetlands issues, water quality problems, and natural resource concerns.
Financings
A portion of our real estate practice has involved representing lenders, both institutional and otherwise, to assist in combining those sources with those of developers to make planned projects become reality.
Zoning and Permit Approvals
We represent owners, developers, and tenants in zoning, obtaining building permit approvals, and land use matters as well as in securing tax assessment reductions and abatements. Group attorneys handle all aspects of zoning and land use, including building permits, variances and special exceptions, zoning code compliance and appeals. Our real estate attorneys have been repeatedly retained to assist clients in licensure issuance and code compliance matters, and condemnation claims.
Real Estate Litigation
Capehart Scatchard's Real Estate Group attorneys work closely with our Litigation Department to handle real estate-related litigation, including prosecuting and defending claims for specific performance, land use issues, contract disputes, construction matters, lenders' liability, title defects, and environmental contamination claims to ensure the best possible result for our clients.
Workouts
Our Real Estate Group draws upon the broad knowledge of our bankruptcy attorneys to successfully handle workouts, evictions, problem loans, negotiations with debtors and lenders, loan restructurings, and mortgage foreclosures.
Real Estate and Land Use Group Attorneys
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